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Foreseeability and Proximate Cause: Two Terms You Need to Know

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Tuesday, October 18, 2016

Foreseeability and Proximate Cause: Two Terms You Need to Know

Experienced Attorneys Serving Victims of Negligent or Intentional Tort in Chicago, IL

There are different rules that apply to different types of injuries. These are known as torts. Torts are based on whether an incident was intentional or accidental. The type of tort will ultimately dictate how a lawsuit proceeds in court or during negotiations. While personal injury cases all have unique factors, most claims are based on two types of torts:

  • The plaintiff suffered harm due to careless behavior.
  • The plaintiff suffered harm from purposeful acts (intentional harm).

The first is what is referred to as a “negligent tort,” while the second is what is referred to as an “intentional tort.” It is important to understand the differences between these two types of torts – and how they play a role in your own accident and injury.

Negligent Torts

Negligence-based torts encompass most accident cases. These include everything from auto accidents to slip and fall injuries, etc. In these types of cases, the plaintiff must establish that there was a duty of care, the duty was breached, that breach led to injury, and the injury resulted in damages (financial losses and pain/suffering). These are the most common type of personal injury claims filed, and most injuries will be considered negligent torts.

Intentional Torts

These are not as common as negligent torts. Intentional torts are those that involve purposeful acts. This means that the defendant purposely caused harm and injury to the plaintiff. These acts can have the intent to cause harm, or an offense to another person can lead to injury. Intentional tort injuries include acts such as:

  • Battery – This applies to any offensive or harmful physical contact – even if no injury actually occurs.
  • Assault – This includes the intentional act to put someone in a fearful state or actual physical harm. For example, putting a loaded gun to someone’s head could be considered assault.
  • False Imprisonment – This is when one person will intentionally restrain another and prevent him or her from going anywhere – without the legal right to do so. This can even occur when someone is attempting to stop another crime. For example, if a security guard detains a suspected shoplifter with handcuffs.
  • Trespassing – This is the unlawful entry onto another person’s property that can lead to injury.

Most intentional torts will also carry criminal punishments. For example, if a person assaults and/or batters another, then he or she is likely to face criminal charges for the act as well. Even if the criminal charges are dropped or the criminal case is not successful, the civil case could win.

Malman Law – Your Personal Injury Advocates

If you have been injured in a negligent or intentional act, you have the right to collect compensation for your injuries. The team at Malman Law is here to help you collect compensation for your medical costs, lost wages, pain and suffering, and more. Schedule a consultation with our attorneys today by calling our offices or requesting more information online.

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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

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